DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
The amendments made to claims 1, 6-7, 10, 12-13, and 17-18 in the response filed on 6/3/2026 are acknowledged. Claims 1-4, 6-8, 10-14, and 17-24 are still pending in the application and are examined below.
Response to Arguments
Applicant's arguments, see page 12, filed 6/3/2026, with respect to the drawing objections have been fully considered and are persuasive. Therefore, the drawing objections have been withdrawn.
Applicant's arguments, see page 12, filed 6/3/2026, with respect to the specification objections have been fully considered and are persuasive. Therefore, the specification objections have been withdrawn.
Applicant's arguments, see pages 12-13, filed 6/3/2026, with respect to the 35 U.S.C. 112(f) interpretation of claims 1, 7, and 18 have been fully considered and are persuasive. Therefore, the interpretation of those terms (“non-detachable fastening means” and “non-detachable fastening means”) in claims 1, 7, and 18 are no longer applicable due to the amendments made.
Applicant's arguments, see pages 13-14, filed 6/3/2026, with respect to the rejection of claims 1 and 17 under 35 U.S.C. 112(b) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn.
Applicant's arguments, see pages 14-15, filed 6/3/2026, with respect to the rejection of claims 1, 5-8, and 14 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection was made in view of Agud et al. (US 20220378624 A1) in view of Odate (JP 7262716 B2) to meet the newly added limitations of claim 1.
Applicant's arguments, see pages 15-16, filed 6/3/2026, with respect to the rejection of claims 1, 9, 11-12, and 17-19 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection was made in view of Agud et al. (US 20220378624 A1) in view of Odate (JP 7262716 B2) to meet the newly added limitation of claims 1 and 17. Please see arguments below in regards to Agud et al. since it is used in the new ground of rejection.
Applicant argues “Regarding claim 1, the claim now includes several elements that are neither taught nor suggested by the cited combination of references. First, claim 1 recites "a non-detachable connection arranged in a crotch region, wherein the non-detachable connection is located in a crotch of the patient." Agud discloses a compression element (40) that is "coated onto the inner side of the pants part." See Agud, paragraph [0103]. This coated layer is structurally distinct from a discrete connection, such as a seam, that acts as an anchor point in the crotch region”; examiner respectfully disagrees. In Agud, the compression element (40) can be on the second upper targeted area (38) as a coated layer on the inner side of the main body (12), wherein the second upper targeted area (38) pubic area (figure 1/paragraph 0016/0102-0103/0117/0121). The compression element (40) can be attached to the main body (12) in the second upper targeted area (38) via sewing over a part of the periphery of the second upper targeted area (38); therefore, there is a non-detachable connection located in the crotch region of the patient as seen in figure 1: paragraph 0102-0104/0117/0121).
Applicant argues “Furthermore, the combination fails to teach or suggest a compression element "formed as a one-piece bag or as a one-piece apron." Agud's compression element (40) is described as "a layer of contention textile on the inner side of the main body" that is "capable of stiffening the area it covers to contain the edema swelling." See Agud, paragraphs [0103]-[0104]. This layer of contention textile does not have the form of a bag or an apron, as can be seen from Figure 1 of Agud”; however, examiner respectfully disagrees. In Agud, it was disclosed that the compression element (40) can be on the second upper targeted area (38) as a coated layer on the inner side of the main body (12), wherein the second upper targeted area (38) is the pubic area (figure 1/paragraph 0016/0102-0103/0117/0121). The compression element (40) has a one-piece apron-like form and extends across the front of the users’ body to cover the pubic area, as seen in figure 1.
Applicant's arguments, see pages 16-17, filed 6/3/2026, with respect to the rejection of claims 2-3 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, please see new rejection in the office action since claim 1 has a new ground of rejection.
Applicant's arguments, see page 17, filed 6/3/2026, with respect to the rejection of claim 17 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection was made in view of Agud et al. (US 20220378624 A1) in view of Odate (JP 7262716 B2) to meet the newly added limitation of claim 17. Please see arguments above in regards to the non-detachable connection and one-piece bag or apron of Agud et al.
Applicant's arguments, see pages 17-18, filed 6/3/2026, with respect to the rejection of claims 15 and 16 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn.
Claim Objections
Claim 1 objected to because of the following informalities: “the genital region and/or pelvic region of the patient” should be “at least one of the genital region and . Appropriate correction is required.
Claim 4 objected to because of the following informalities: “an outer side of the waistband” should be “an outer side of the at least one waistband” in lines 2-3. Appropriate correction is required.
Claim 8 objected to because of the following informalities: “an end section of the waistband” should be “an end section of the at least one waistband” in line 3. Appropriate correction is required.
Claim 10 objected to because of the following informalities: “the waistband” should be “the at least one waistband” in line 4. Appropriate correction is required.
Claim 11 objected to because of the following informalities: “the waistband” should be “the at least one waistband” in line 4. Appropriate correction is required.
Claim 17 objected to because of the following informalities: “the waistband” should be “the at least one waistband” in line 10. Appropriate correction is required.
Claim 20 objected to because of the following informalities: “the waistband” should be “the at least one waistband” in line 8. Appropriate correction is required.
Claim 20 objected to because of the following informalities: “an outer side of the waistband” should be “an outer side of the at least one waistband” in line 15. Appropriate correction is required.
Claim 23 objected to because of the following informalities: “the waistband” should be “the at least one waistband” in line 4. Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 6-8, 10-14, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Agud et al. (US 20220378624 A1) in view of Odate (JP 7262716 B2).
Regarding claim 1, Agud et al. discloses compression trousers (10 – figure 1, a garment that is worn around the user’s pelvic girth: paragraph 0031) for a compressive treatment of edema or other diseases or injuries in a genital or pelvic region of a patient (the compression trousers [10] is a compression garment for lymphoedema treatment: paragraph 0002), the compression trousers (10) comprising: a compression element (40 – figure 1, a coated layer of contention textile that is on the entire second upper targeted area [38 – figure 1] that is capable of stiffening the area it covers to contain edema swelling; the contention textile is made of elastane and polyamide: paragraph 0059/0102-0104) configured to exert a compression on the genital region and/or the pelvic region of the patient (the compression element [40] is intended to extend at least against the pubic area; the compression element [40] stiffens the area [compression pressure] to contain edema swelling: paragraph 0016/0102-0104/0117), wherein the compression element (40) is formed as a one-piece bag or as a one-piece apron made of an elastic textile material (figure 1, the compression element [40] has a one-piece apron-like form and extends across the front of the users’ body to cover the pubic area, as seen in figure 1; the compression element [40] is made of elastane and polyamide: paragraph 0059/0102-0104/0117); a pants part (12/14/16/18/20 – figure 1, a main body [12] comprising a first part [14] and a second part [16]; the first part [14] comprises two parts [18/20] that wraps around the user’s thigh: paragraph 0060-0063); and wherein the compression element (40) is permanently fastened to the pants part (12/14/16/18/20) with a non-detachable connection arranged in a crotch region (figure 1, the compression element [40] can be attached to the main body [12] of the pants part [12/14/16/18/20] in the second upper targeted area [38] via sewing over a part of a periphery of the second upper targeted area [38]; therefore, there is a non-detachable connection located in the crotch region of the patient as seen in figure 1: paragraph 0102-0104/0117/0121), wherein the non-detachable connection is located in a crotch of the patient and the pants part (12/14/16/18/20) is fully enclosing at least the pelvic region of the patient (figure 1, there is a non-detachable connection located in the crotch of the patient since the compression element [40] can be attached to the main body [12] of the pants part [12/14/16/18/20] in the second upper targeted area [38] via sewing over a part of the periphery of the second upper targeted area [38]: paragraph 0102-0104/0117/0121), when the compression trousers (10) are donned to a patient (figure 1, the pants part [12/14/16/18/20] encloses the pelvic region when the compression trousers [10] are donned to a patient: paragraph 0031).
However, Agud et al. fails to disclose at least one waistband which is non-detachably fastened to or molded onto the compression element and is comprising detachable fastening elements, wherein the at least one waistband is configured to be fastened in a waist region or in an upper hip region of the patient by the detachable fastening elements.
Odate teaches at least one waistband (11/12 – figure 1, a first belt portion [11] and a second belt portion [12]: paragraph 0025) which is non-detachably fastened to or molded onto an analogous compression element (10aw – figure 1/figure 9, a cylindrical waist part that is a part of the pants body [10 – figure 1] that is made of highly stretchable member that covers the lower abdomen of the user; can be made of stretch fabric nylon with elasticity: paragraph 0025/0027/0038) (figure 1/figure 4, the at least one waistband [11/12] is fixed to the compression element [10aw] via sewing: paragraph 0028/0030) and is comprising detachable fastening elements (20/21 – figure 1, a female fastening portion comprising the loop portion [20] and a male fastening portion comprising the hook portion [21]: paragraph 0032/0058), wherein the at least one waistband (11/12) is configured to be fastened in a waist region or in an upper hip region of the patient by the detachable fastening elements (20/21) (figure 1/figure 2/figure 3, the at least one waistband [11/12] fastens together via the detachable fastening elements [20/21]: paragraph 0058).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the compression element of Agud et al. with at least one waistband which is non-detachably fastened to or molded onto the compression element and is comprising detachable fastening elements, wherein the at least one waistband is configured to be fastened in a waist region or in an upper hip region of the patient by the detachable fastening elements as taught by Odate in order to provide an improved compression trouser that allows users to adjust the tightness of the pants based on the body shape of the user or to adjust the tightening force for support of body parts (paragraph 0006/0019/0039, Odate).
Regarding claim 6, Agud et al. in view of Odate discloses the invention as discussed in claim 1. Odate further teaches wherein the detachable fastening elements (20/21) are configured to be fixed in different positions in a circumferential direction of the patient, wherein, when the detachable fastening elements (20/21) are fastened in a selected position, a pressure is exerted by the at least one waistband (11/12) on the at least one of the waist region and the upper hip region of the patient, wherein the amount of pressure exerted by the at least one waistband (11/12) on the at least one of the waist region and the upper hip region of the patient depends on the selected position of the detachable fastening elements (20/21) (figure 1/figure 11, the waistband [11/12] comprising the detachable fastening elements [20/21] allows users to fix the waistband [11/12] in different positions around the patient, which impacts the amount of pressure exerted on the waist/hip region: paragraph 0041-0042/0048).
Regarding claim 7, Agud et al. in view of Odate discloses the invention as discussed in claim 1. Odate further teaches wherein the at least one waistband (11/12) comprises a first band section (110/111 – figure 1, first belt pieces: paragraph 0021) and a second band section (120/121 – figure 1, second belt pieces: paragraph 0021), wherein the first band section (110/111) and the second band section (120/121) are permanently fastened to the analogous compression element (10aw) (figure 1, the first band [110/111] section is permanently fastened to the compression element [10aw] via longitudinal central portion [11c – figure 4] and the second band section [120/121] is permanently fastened to the compression element [10aw] via central portion [12c – figure 1], respectively: paragraph 0028/0030), wherein the first band section (110/111) and the second band section (120/121) are configured to be connected to one another by means of the detachable fastening elements (20/21) (figure 1/figure 2/figure 3, the first band section [110/111] fastens to the second band section [120/121] connect together via the detachable fastening elements [20/21]: paragraph 0058).
Regarding claim 8, Agud et al. in view of Odate discloses the invention as discussed in claim 1. Odate further teaches wherein the detachable fastening elements (20/21) are designed as a hook-and-loop fastener or as a hook fastener (the detachable fastening elements are hook and loop fasteners: paragraph 0058), wherein the detachable fastening elements (20/21) are arranged in an end section of the waistband (figure 1/figure 4, the detachable fastening elements [20/21] are arranged at the end section of the waistband [11/12] relative to where the longitudinal central portion [11c – figure 4] and central portion [12c – figure 1]).
Regarding claim 10, Agud et al. in view of Odate discloses the invention as discussed in claim 1. Odate further teaches wherein the at least one waistband (11/12) is fastened to the analogous compression element (10aw) with a further non-detachable connection (the at least one waistband [11/12] is sewn to the compression element [10aw]; there are two points where the non-detachable connection are located [11c – figure 4 and 12c – figure 4]: paragraph 0028/0030), wherein the further non-detachable connection is located in an abdominal region or a pelvic region of the patient when the waistband is put on (figure 1/figure 4, the at least one waistband [11/12] is sewn at the longitudinal central portion [11c – figure 4] and central portion [12c – figure 1], which is located on the compression element [10aw] that surrounds the lower abdomen: paragraph 0028/0030/0038/0057).
Regarding claim 11, Agud et al. in view of Odate discloses the invention as discussed in claim 1. Agud et al. further discloses wherein the compression element (40) is located inside the pants part (12/14/16/18/20), when the compression trousers (10) are put on the patient (figure 1, the compression element [40] is on the entire second upper target area [38] as a coated layer and is located on the inner side of main part [12] of the pants part [12/14/16/18/20]: paragraph 0102-0104/0117/0121), and wherein the pants part (12/14/16/18/20) covers partly or completely at least one of the compression element (40) (figure 1, the compression element [40] is coated on the inner side of the pants part [12/14/16/18/20]; it cannot be seen when the compression trousers [10] are on: paragraph 0103) and the waistband.
Regarding claim 12, Agud et al. in view of Odate discloses the invention as discussed in claim 1. Agud et al. in view of Odate further discloses wherein the compression element (Agud et al.: 40) is made of an elastic material (Agud et al.: the compression element [40] is made of polyamide and elastane: paragraph 0059), the compression element (Agud et al.: 40) is attached to the at least one waistband (Odate: 11/12) (Agud et al. in view of Odate: the compression element [40] of Agud et al. is attached to the at least one waistband of Odate when combined) and the pants part (Agud: 12/14/16/18/20) under stretching of the elastic material (Agud et al.: the pants part [12/14/16/18/20] is made of a compression textile made of polyamide and elastane: paragraph 0007/0059) when the compression trousers (Agud et al.: 10) are put on the patient (Agud et al. in view of Odate: with the combination of arts, the pants part [12/14/16/18/20] of Agud et al. will stretch due to its material when worn and when the at least one waistband [11/12] of Odate is tightened around the compression trousers [10] of Agud et al.), wherein the compression element (Agud et al.: 40) exerts a compression pressure on the genital region of the patient when the compression trousers (Agud et al.: 10) are put on the patient (Agud et al.: the compression element [40] applies pressure against the pubic area, which is in the genital region: paragraph 0016/0102-0104/0117/0121), and wherein the compression pressure is adjustable by selecting a position of application of at least one of the waistband (Odate: 11/12) and a waist area of the pants part on the patient (Agud et al. in view of Odate: with the combination of arts, the compression pressure applied to the genital region is adjustable via the waistband [11/12] of Odate due to the pants part [12/14/16/18/20] comprising the compression element [40] of Agud et al. being elastic; depending on the desired pressure [accomplished via the detachable fastening elements {20/21} of Odate], the pressure/tightness from the waist band [11/12] of Odate affects the compression pressure on the genital region when wearing the compression trouser [10] and compression element [40] of Agud et al.).
Regarding claim 13, Agud et al. in view of Odate discloses the invention as discussed in claim 1. Agud et al. further discloses wherein the pants part (12/14/16/18/20) is designed as a compression textile made of an elastic textile material (the pants part [12/14/16/18/20] is made of polyamide and elastane: paragraph 0032-0042/0059), wherein the elastic textile material is stretched when the compression trousers (10) are put on the patient and exerts a predetermined compression pressure on the patient in the upper hip region and the pelvic region of the patient (the pants part [12/14/16/18/20] is a high-waisted panty extending down the thighs and is made out of elastic textile material that is capable of stretching to follow body morphology when worn, which applies compression pressure on the patient in the upper hip region and pelvic region to treat pelvic lymphoedema: paragraph 0028-0029/0031/0037/0075).
Regarding claim 14, Agud et al. in view of Odate discloses the invention as discussed in claim 1. Odate further teaches wherein the pants part (10) is comprising at least one of an elastic waistband and a tunnel waistband in a waist area of the pants part (10w – figure 1/figure 9, the waistband portion has a through hole in which a band-shaped rubber cord is inserted through the through hole that assists with fitting of the pants part [10]: paragraph 0025-0026/0037).
Regarding claim 17, Agud et al. discloses compression trousers (10 – figure 1, a garment that is worn around the user’s pelvic girth: paragraph 0031) for a compressive treatment of edema or other diseases or injuries in a genital or pelvic region of a patient (the compression trousers [10] is a compression garment for lymphoedema treatment: paragraph 0002), the compression trousers (10) comprising; a compression element (40 – figure 1, a coated layer of contention textile that is on the entire second upper targeted area [38 – figure 1] that is capable of stiffening the area it covers to contain edema swelling; the contention textile is made of elastane and polyamide: paragraph 0059/0102-0104) configured to exert a compression on the at least one of the genital region and the pelvic region of the patient (the compression element [40] is intended to extend at least against a user’s pubic area, which is in the genital region; the compression element [40] stiffens the area [compression pressure] to contain edema swelling: paragraph 0016/0102-0104/0117/0121), wherein the compression element (40) is formed as a one-piece bag or as a one-piece apron made of an elastic textile material (figure 1, the compression element [40] has a one-piece apron-like form and extends across the front of the users’ body to cover the crotch area, as seen in figure 1; the compression element [40] is made of elastane and polyamide: paragraph 0059/0102-0104/0117/0121); a pants part (12/14/16/18/20 – figure 1, a main body [12] comprising a first part [14] and a second part [16]; the first part [14] comprises two parts [18/20] that wraps around the user’s thigh: paragraph 0060-0063); wherein the compression element (40) is permanently fastened to an inner side of the pants part (12/14/16/18/20) by a non-detachable connection arranged in a crotch region which is located in a crotch of the patient when the compression trousers (10) are worn (figure 1, the compression element [40] can be attached to the main body [12] of the pants part [12/14/16/18/20] in the second upper targeted area [38] via sewing over a part of a periphery of the second upper targeted area [38]; therefore, there is a non-detachable connection located in the crotch region of the patient as seen in figure 1: paragraph 0102-0104/0117/0121), wherein the pants part (12/14/16/18/20) is fully enclosing at least the pelvic region of the patient, when the compression trousers (10) are donned to a patient (figure 1, the pants part [12/14/16/18/20] encloses the pelvic region when the compression trousers [10] are donned to a patient: paragraph 0031), wherein the compression element (40) exerts a compression pressure on the genital region of the patient by a stretching of the elastic material when textile material while the compression trousers (10) are put on the patient (the compression element [40] is intended to extend at least against a user’s pubic area, which is in the genital region; the compression element [40] stiffens the area [compression pressure] to contain edema swelling due to its elastic material: paragraph 0059/0016/0102-0104/0117/0121).
However, Agud et al. fails to disclose at least one waistband which is permanently fastened to the compression element, and detachable fastening elements attached on the waistband; wherein the at least one waistband is configured to be fastened in a waist region or in an upper hip region of the patient at different positions along a cranial direction by the detachable fastening elements, wherein the elastic textile material of the compression element is stretched when the compression trousers are put on the patient with the at least one waistband being fixed in a selected position along the cranial direction by the detachable fastening elements, and wherein the compression pressure exerted on the genital region of the patient is adjustable by selecting the position of the at least one waistband on the patient in the cranial direction.
Odate teaches at least one waistband (11/12 – figure 1, a first belt portion [11] and a second belt portion [12]: paragraph 0025) which is permanently fastened to an analogous compression element (10aw – figure 1/figure 9, a cylindrical waist part that is a part of the pants body [10 – figure 1] that is made of highly stretchable member that covers the lower abdomen of the user; can be made of stretch fabric nylon with elasticity: paragraph 0025/0027/0038) (figure 1/figure 4, the at least one waistband [11/12] is fixed to the compression element [10aw] via sewing: paragraph 0028/0030), and detachable fastening elements (20/21 – figure 1, a female fastening portion comprising the loop portion [20] and a male fastening portion comprising the hook portion [21]: paragraph 0032/0058) attached on the waistband (11/12); wherein the at least one waistband (11/12) is configured to be fastened in a waist region or in an upper hip region of the patient at different positions along a cranial direction by the detachable fastening elements (20/21) (figure 1/figure 2/figure 3, the at least one waistband [11/12] can be adjustable at different positions along a cranial direction and fastens together via the detachable fastening elements [20/21]: paragraph 0058).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the compression element of Agud et al. with at least one waistband which is permanently fastened to the compression element, and detachable fastening elements attached on the waistband; wherein the at least one waistband is configured to be fastened in a waist region or in an upper hip region of the patient at different positions along a cranial direction by the detachable fastening elements as taught by Odate in order to provide an improved compression trouser that allows users to adjust the tightness of the pants based on the body shape of the user or to adjust the tightening force for support of body parts (paragraph 0006/0019/0039, Odate).
With the combination of Agud et al. in view of Odate, Agud et al. in view of Odate further discloses wherein the elastic textile material of the compression element (Agud et al: 40) is stretched when the compression trousers (Agud et al: 10) are put on the patient with the at least one waistband (Odate: 11/12) being fixed in a selected position along the cranial direction by the detachable fastening elements (Odate: 20/21) (Agud et al. in view of Odate: with the combination of arts, the main body [12] of pants part [12/14/16/18/20] comprising the compression element [40] of Agud et al. will stretch due to its material when worn and when the at least one waistband [11/12] of Odate is tightened around [cranial direction] the compression trousers [10] of Agud et al. via the detachable fastening elements [20/21] of Odate), and wherein the compression pressure exerted on the genital region of the patient is adjustable by selecting the position of the at least one waistband on the patient in the cranial direction (Agud et al. in view of Odate: with the combination of arts, the compression pressure applied to the genital region is adjustable via the waistband [11/12] of Odate due to the pants part [12/14/16/18/20] comprising the compression element [40] of Agud et al. being elastic; depending on the desired pressure [accomplished via the detachable fastening elements {20/21} of Odate], the pressure/tightness from the waist band [11/12] of Odate affects the compression pressure on the genital region when wearing the compression trouser [10] and compression element [40] of Agud et al.).
Regarding claim 18, Agud et al. in view of Odate discloses the invention as discussed in claim 17. Odate further teaches wherein the detachable fastening elements (20/21) are configured to be fixed in different positions in a circumferential direction of the patient, wherein, when the detachable fastening elements (20/21) are fastened in a selected position, a pressure is exerted by the at least one waistband (20/21) on at least one of the waist region and the upper hip region of the patient, wherein the amount of pressure exerted by the at least one waistband (20/21) on the at least one of the waist region and the upper hip region of the patient depends on the selected position of the detachable fastening elements (20/21) (figure 1/figure 11, the waistband [11/12] comprising the detachable fastening elements [20/21] allows users to fix the waistband [11/12] in different positions in a circumferential direction of the patient, which impacts the amount of pressure exerted on the waist/hip region: paragraph 0041-0042/0048).
Regarding claim 19, Agud et al. in view of Odate discloses the invention as discussed in claim 18. Agud et al. further discloses wherein the compression element (40) is located inside the pants part (12/14/16/18/20), and wherein the pants part (12/14/16/18/20) covers the compression element (40) when the compression trousers (10) are put on the patient (figure 1, the compression element [40] is on the entire second upper target area [38] as a coated layer and is located on the inner side of main part [12] of the pants part [12/14/16/18/20]: paragraph 0102-0104/0117/0121).
Allowable Subject Matter
Claims 20-24 are allowed. Claims 2-4 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 2 contains allowable subject matter because the prior art fails to disclose, either singly or
in combination, the limitations of the claim. The closest prior art made of record was Agud et al. (US 20220378624 A1) in view of Odate (JP 7262716 B2).
Agud et al. in view of Odate discloses the at least one waistband (Odate: 11/12 – figure 1, a first belt portion [11] and a second belt portion [12]: paragraph 0025) and the pants part (Agud et al.: 12/14/16/18/20 – figure 1, a main body [12] comprising a first part [14] and a second part [16]; the first part [14] comprises two parts [18/20] that wraps around the user’s thigh: paragraph 0060-0063).
However, none of the relevant prior art discloses wherein the at least one waistband comprises first fastening means and the pants part comprises second fastening means located in a waistband region of the pants part, wherein the pants part can be detachably fastened to the at least one waistband by means of a detachable coupling of the first fastening means and the second fastening means. Therefore, claim 2 is allowable.
Claims 3 and 4 are also allowable based on its dependence on claim 2.
Claim 20 contains allowable subject matter because the prior art fails to disclose, either singly or in combination, the limitations of the claim. The closest prior art made of record was Odate (JP 7262716 B2) in view of Embodiment B of Odate (JP 7262716 B2).
Odate discloses a compression trouser (1 – figure 1, belted pants: paragraph 0025) for a compressive treatment of edema or other diseases or injuries in a genital or pelvic region of a patient (the compression trousers [1] applies pressure to the lower abdominal portion above the pubic bone to reduce swelling of the lower abdomen due to loosening of the pelvic floor muscles and abdominal wall muscles: paragraph 0016-0019), the compression trousers (1) comprising: a compression element (10aw – figure 1/figure 9, a cylindrical waist part that is a part of the pants body [10 – figure 1] that is made of highly stretchable member that covers the lower abdomen; can be made of stretch fabric nylon with elasticity: paragraph 0025/0027/0038) configured to exert a compression on at least one of the genital region and the pelvic region of the patient (figure 1/figure 9, the compression element [10aw] applies pressure to the lower abdomen above the pubic bone via the belt portions: paragraph 0015); a pants part (10 – figure 1, a pants body: paragraph 0025); at least one waistband (11/12 – figure 1, a first belt portion [11] and a second belt portion [12]: paragraph 0025) which is non-detachably fastened to or molded onto the compression element (10aw) (figure 1/figure 4, the at least one waistband [11/12] is fixed to the compression element [10aw] via sewing: paragraph 0028/0030) and comprises detachable fastening elements (20/21 – figure 1, a female fastening portion comprising the loop portion [20] and a male fastening portion comprising the hook portion [21]: paragraph 0032/0058), wherein the waistband (11/12) is configured to be fastened in a waist region or in a hip region of the patient by the detachable fastening elements (20/21) (figure 1/figure 2/figure 3, the at least one waistband [11/12] fastens together via the detachable fastening elements [20/21]: paragraph 0058), wherein the compression element (10aw) is permanently connected to the pants part (10) by a non-detachable connection (figure 1/figure 9, the compression element [10aw] is a part of the pants part [10] and is attached to the pants part [10]: paragraph 0014-0015) and the pants part (10) is fully enclosing at least the pelvic region of the patient, when the compression trousers (1) are donned to a patient (figure 9, the pants part [10] encloses at least the pelvic region of the patient when the compression trousers [1] is worn).
However, Odate fails to disclose at least one waistband and comprises first fastening means, wherein the pants part comprises second fastening means located in a waistband region of the pants part, wherein the pants part can be detachably fastened to the at least one waistband by means of a detachable coupling of the first fastening means and the second fastening means, wherein the first fastening means is comprising a flat loop part of a hook-and-loop fastener and is arranged on an outer side of the waistband, and the second fastening means is comprising a plurality of hook parts of a hook-and-loop fastener and is arranged on an inner side of the pants part.
Embodiment B of Odate teaches wherein an analogous at least one waistband (11/12) comprises first fastening means (the waistband [11/12] can comprise of hook and loop fastener: paragraph 0054), wherein an analogous pants part (10) comprises second fastening means located in a waistband region of the pants part (figure 1, the pants part [10] can comprise of hook and loop fastener: paragraph 0054), wherein the pants part (10) can be detachably fastened to the at least one waistband (11/12) by means of a detachable coupling of the first fastening means and the second fastening means (the waistband [11/12] and pants part [10] can be detachably coupled via hook and loop: paragraph 0054).
The device of Odate and Embodiment B of Odate are in the same general field of endeavor and are therefore, considered analogous art; both would be considered compression shorts with belts.
Therefore, at the time the invention was made, it would have been well within the skill of an ordinary artisan to substitute one known element for another to obtain predictable results. Substituting the stitch fixation of Odate with a first and second fastening means comprising of hook and loop fasteners of Embodiment B of Odate would have achieved the predicable result of attaching the waistband to the pants part. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the stitch fixation of the waistband and pants part of Odate with a first and second fastening mean comprising of hook and loop fasteners as taught by Embodiment B of Odate in order to provide a compression trouser that has an improved waistband and pants part that allows users to selectively apply the pressure in desired locations of the user’s pelvic region (paragraph 0002/0054/0057, Odate).
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509 (BPAI, 2007) (citing KSR International Co. v. Teleflex Inc., 550 U.S. ___, ___, 82 USPQ2d 1385, 1396 (2007). Accordingly, Applicant claims a combination that only unites old elements with no change in the respective functions of those old elements, and the combination of those elements yields predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. ___, ___, 82 USPQ2d 1385, 1395 (2007).
However, none of the relevant prior art discloses wherein the first fastening means is comprising a flat loop part of a hook-and-loop fastener and is arranged on an outer side of the waistband, and the second fastening means is comprising a plurality of hook parts of a hook-and-loop fastener and is arranged on an inner side of the pants part. Therefore, claim 20 is allowable.
Claims 21-24 are allowable based on their dependence on claim 20.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW JUN-WAI MOK whose telephone number is (703)756-4605. The examiner can normally be reached 8am-4pm.
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/ANDREW JUN-WAI MOK/Examiner, Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786
